Articles 1708 to 1831 of the Civil Code outline the general legal framework applicable to leases. These provisions govern the rights and obligations of both the lessee and the lessor.
The law of 21 September 2006 on residential leases contains special provisions that deviate from the general law (e.g., rules protecting tenants in rent setting and adjustment, automatic extension of the lease, limited grounds for lease termination, tenant eviction, stay of eviction, etc.). It is worth noting that, through the law of 23 July 2024, the legislator recently amended the legislation on residential leases, including a reduction of the maximum rental guarantee from three to two months' rent, a new procedure for returning the rental guarantee, regulation of shared accommodation, abolition of the concept of "luxury accommodation," and a 50/50 split of estate agency fees between lessor and lessee.
The law of 3 February 2018 introduced significant reforms to commercial leases for landlords and tenants. Key changes include enhanced protection for commercial tenants through stricter regulations (e.g., prohibition of the practice known as "key money," establishment of a public policy right to renew commercial leases, introduction of a principle of tacit lease renewal, limitation on the rental guarantee, etc.) and specific provisions regarding lease duration and termination (e.g., an exhaustive list of grounds for termination without eviction compensation, modifications to the commercial stay, statutory right of pre-emption in favor of the tenant, etc.). This law also imposes clear rules on rent indexation, limiting increases and ensuring stability for tenants.
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Whether you are a property owner and
- consider leasing your property and require assistance in drafting the relevant lease agreement,
- face non-compliance from your tenant with contractual obligations (e.g., non-payment of rent and service charges, failure to provide the rental guarantee, property damage, subletting, keeping animals, etc.)
- wish to terminate the lease (for personal use, tenant default, or any other reason),
or you are a tenant and
- your landlord fails to meet their contractual obligations (e.g., failure to deliver the leased property, inadequate maintenance, disturbance of quiet enjoyment, alteration of the leased property, etc.), or
- are involved in legal proceedings (e.g., a claim for arrears of rent and service charges, failure to provide the rental guarantee, eviction proceedings, etc.),
our team of lawyers is at your disposal to advise, assist, and represent you both judicially and extra-judicially, and will be pleased to defend your interests.
